Jim's Mailbag

Pension and child support

Im disable vet pension sc60 I wold like to know if when va asigned an apportiorment the custodian parent could the state court can order the not custodian parent to pay child support because I belive I will be paying twice

Reply:

You will pay twice in some states. If the apportionment goes directly to the custodial parent and does not first go to the state child support enforcement agency, it won't be recorded as fulfilling the obligation.

Some states require that all money given to fulfill an order of child support go through the appropriate state agency first for accounting purposes. Money delivered outside the state agency may be considered a gift. Gifts of money do not meet the requirement of child support.

You will have to speak to a clerk of court in the family court where the order originated. VA will not be involved in divorce actions beyond the apportionment. In child support and alimony disputes the family court always rules. If you have money apportioned from your VA disability payment you must return to the appropriate family court to ask that judge to allow the apportioned sum to be counted to fulfill your obligation. Only the judge can make that ruling in most cases.

About the Author

Jim Strickland is a nationally known advocate for veterans and a member of the Stateside Legal Advisory Board. This column appears with his permission. Jim's opinions are his own.

NOTE: Letters in my Q&A columns are reprinted just as they come to me. Spelling and grammar are left as is and only small corrections are made to improve readability, ensure anonymity or delete expletives that may offend some readers. This is not legal advice. You should always seek the advice of an attorney who is qualified in Veterans' law before you make any decisions about your own benefits.